X dies intestate. He is survived by his wife, Y and daughter, A. X and Y were married in community of property and their joint estate amounted to R1 million. How will X's estate devolve?
A.
Y will inherit R 1 million and A will inherit nothing
B.
Y will inherit R500 000 and A will inherit R500 000
C.
Y will get R500 000 in terms of matrimonial property law and inherit R500 000 while A will inherit nothing
D.
Y will get R500 000 in terms of matrimonial property law and inherit R250 000 while A will inherit R250 000
B.
Y will inherit R500 000 and A will inherit R500 000.
The correct answer is C.
In a marriage in community of property, the assets of the deceased spouse become part of the joint estate and are divided equally between the surviving spouse and children.
Therefore, Y will be entitled to half of the joint estate, which is R500,000 in this case, according to matrimonial property law. Additionally, Y will inherit another R500,000 from X's estate.
A, as the surviving child, will not inherit anything in this scenario.